'You Should Think 100 Times Before Filing Such Petitions': Supreme Court Refuses To Recall Rs 1 Lakh Cost Imposed On Serial Litigant

The Division Bench of Justices B.R Gavai and KV Viswanathan reprimanded the petitioner for filing such petitions and said, “You should think 100 times before filing these many petitions.”

It may be recalled that Gandhi's membership was suspended following his conviction in a criminal defamation case over the 'Modi-thieves' remark. However, the same was restored after the Supreme Court stayed his conviction in August last year.

Pandey had later filed a writ petition contending that Lok Sabha membership can be restored only after the member is acquitted in the criminal case.

This year, in January, the Top Court dismissed the petition as “frivolous” after imposing the above-mentioned cost. The Bench said that such petitions only waste the court's time.

In the court room drama that unfolded today, the Bench asked Pandey as to how many Courts have imposed costs on him. To this, he replied that he has filed 200 PILs. Following this, the Court firmly rejected the application.

Pandey: This is the issue when the restoration of Sri. Rahul Gandhi, in view of the order of the Supreme Court, was challenged….Kindly see the order passed by the Constitution Bench.

Court: How many Courts have imposed costs on you. This is not the only court that has imposed costs.

Pandey: I have filed 200 PILs.

Court: REJECTED.

However, Pandey persisted and submitted that he has relied on a constitutional bench judgment. He then requested the Court to recall the costs.

“If you do not leave the podium, we will have to embarrass ourselves.,” came the response by the Division bench.

Notwithstanding, Pandey kept on arguing and submitted that he was unable to pay the cost. However, the Court said, “If you utter a sentence, we will issue the notice of contempt…You should think 100 times before filing such a petition. If you are filing 200 petitions, you should at least give some thought before filing such petition.”

When the counsel continued to argue, Justice Gavai said, “Are you accepting the notice of contempt or leaving the Court?” I am leaving the podium, said the counsel.

Ultimately, the Court refused to consider his plea.

The Court has also imposed Rs 1 lakh cost on him for filing a petition challenging the restoration of Mohammed Faizal in the previous Lok Sabha. 

Last year, a bench led by Chief Justice DY Chandrachud had imposed a cost of five lakhs on Pandey for filing a petition contending that the oath taken by the chief justice of the Bombay High Court was invalid as he did not use the word 'I'.

Case Details: ASHOK PANDEY Versus THE SPEAKER OF LOK SABHA., MA 821/2024 in MA 2716/2023 PIL-W

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